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Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests

45 Pages Posted: 13 Nov 2012  

Rosalind Dixon

University of New South Wales (UNSW) - Faculty of Law

Vicki C. Jackson

Harvard Law School

Date Written: November 11, 2012

Abstract

Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation of domestic constitutions by “outsiders.” This article considers the potential benefits, and dangers, of outsider interpretation. It also identifies factors relevant to the appropriateness or legitimacy of such practices, drawing from analogous rules and doctrines developed in the context of U.S. federalism and international law.

Suggested Citation

Dixon, Rosalind and Jackson, Vicki C., Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests (November 11, 2012). Wake Forest Law Review, Forthcoming; UNSW Law Research Paper No. 2012-53. Available at SSRN: https://ssrn.com/abstract=2174134

Rosalind Dixon (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Vicki C. Jackson

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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